The Plan S Rights Retention Strategy is an administrative and legal burden, not a sustainable open access solution

@article{Khoo2021ThePS,
  title={The Plan S Rights Retention Strategy is an administrative and legal burden, not a sustainable open access solution},
  author={Shaun Yon-Seng Khoo},
  journal={Insights the UKSG journal},
  year={2021}
}
  • S. Khoo
  • Published 2021
  • Law
  • Insights the UKSG journal
to inform publishers that the author accepted manuscript (AAM) will be made available under a Creative Commons Attribution (CC BY) licence. The laudable stated aim of the RRS is to achieve immediate open access to research outputs, while preserving journal choice for authors. However, proponents of the RRS overlook the significant administrative and legal burdens that the RRS places on authors and readers. Even though compliance with existing green open access (self-archiving) policies is poor… 

References

SHOWING 1-10 OF 54 REFERENCES
Shrinking the Commons: Termination of Copyright Licenses and Transfers for the Benefit of the Public
Federal law limits the free alienability of copyright rights to prevent powerful transferees from forcing authors into unremunerative bargains. The limiting mechanism is a statutory provision that
The Creative Commons licences through moral rights provisions in French law
Since 2002, Creative Commons has been continuously evolving in order to create a licensing scheme that not only fulfils the needs of the author but also stays compatible with already existing
Creative Commons Licenses Legal Pitfalls: Incompatibilities and Solutions
Creative Commons licenses have been designed to facilitate the use and reuse of creative works by granting some permissions in advance. However, the system is complex, with a multiplicity of licenses
The license/contract dichotomy in open licenses: a comparative analysis
The paper looks at the legal nature of so-called open licenses – agreements designed to provide permissions to users and publishers through “some rights reserved” clauses. The article starts with
Open access and author rights: questioning Harvard’s open access policy
Harvard’s open access (OA) policy, which has become a template for many institutional OA policies, intrinsically undermines the rights of scholars, researchers, authors and university staff, and it
Worldwide open access: UK leadership?
TLDR
There is still time to fix the RCUK mandate and restore the UK's leadership by taking a few very specific steps to clarify and strengthen the green component by adding a mechanism for monitoring and verifying compliance, with consequences for non-compliance, along lines also being adopted in the EC and the US.
A Very Long Embargo: Journal Choice Reveals Active Non-Compliance with Funder Open Access Policies by Australian and Canadian Neuroscientists
TLDR
It is found that the implementation of Australian and Canadian funder open access policies in 2012/2013 and 2015 did not reduce the number of publications in non-compliant journals, and scientific output in all publication types increased with the greatest growth in immediate open access journals.
Author rights and the Harvard open access policies: a response to Patrick Alexander
In his opinion piece criticizing the open access (OA) policies at Harvard University, Patrick Alexander makes several factual errors about the policies themselves and Harvard’s experience under them.
RoMEO studies 1: the impact of copyright ownership on academic author self-archiving
TLDR
The paper concludes that self‐archiving is not best supported by copyright transfer to publishers and recommends that universities assert their interest in copyright ownership in the long term, that academics retain rights in the short term, and that publishers consider new ways of protecting the value they add through journal publishing.
[88WashLRev1465] Copyrights in Faculty-Created Works: How Licensing Can Solve the Academic Work-For-Hire Dilemma
TLDR
The best way to resolve ambiguities over whether a specific faculty-created work is a work-for-hire is for the university to retain ownership of the copyrights in faculty- created works and provide the faculty creator with a license to the copyrighted work.
...
...